Opinion
Nos. 05-09-00685-CR, 05-09-00686-CR
Opinion Filed August 24, 2009. DO NOT PUBLISH Tex. R. App. P. 47
On Appeal from the 195th Judicial District Court Dallas County, Texas, Trial Court Cause Nos. F08-56323-RN, F08-56324-RN.
Before Justices WRIGHT, BRIDGES, and FRANCIS.
MEMORANDUM OPINION
Juan Alberto Estrella entered open guilty pleas to possession with intent to deliver methamphetamine in an amount of four grams or more but less than 200 grams and possession of marijuana in an amount of five pounds or less but more than four ounces. The jury assessed punishment at thirty years confinement and a $2,000 fine for the methamphetamine offense and two years confinement in state jail and a $2,000 fine for the marijuana offense. On July 31, 2009, the State filed a motion to dismiss these appeals for want of jurisdiction. Appellant has not filed a response. After reviewing the State's motion and the record on appeal, we agree that we have no jurisdiction over the appeals. The clerk's records show sentence was imposed on March 4, 2009. Appellant did not file a motion for new trial. Thus, appellant's notices of appeal were due on or before April 3, 2009. See Tex. R. App. P. 4.1(a), 26.2(a)(1). Appellant prepared a letter requesting an appeal and an attorney. The letter bears a handwritten date of May 7, 2009. The envelope accompanying the letter bears a handwritten notation that the correspondence was "logged 6-1-09." A second notice of appeal, appointing counsel for appellant, bears a file stamp of June 1, 2009. Nothing in the record shows appellant filed a timely notice of appeal on or before April 3, 2009. Because appellant's notices of appeal were untimely, we have no jurisdiction over the appeals. See Slaton v. State, 971 S.W.2d 208, 210 (Tex. Crim. App. 1998) (per curiam); Boyd v. State, 971 S.W.2d 603, 605-06 (Tex. App.-Dallas 1998, no pet.). We grant the State's motion and dismiss the appeals for want of jurisdiction.